Page 47 - 12558 Drexler Builder Binder.pdf

(16) If any term, condition, or provision of this warranty is found to be void or a violation of law or public policy by a court of
competent jurisdiction, it shall be deemed modified to the extent necessary so that it is no longer void or in violation of law or
public policy. Any binding decisions that determine a part of the warranty is void, or in violation of law or public policy, will not
serve to invalidate the enforceability of any other term, condition or provision of this warranty.

(17) If performance under this Express Limited Warranty is delayed by an event beyond a parties control, such performance will be
excused until the delaying effects of the event are remedied. Such events include, but are not limited to, concealed or
unknown conditions such as soil conditions, unavoidable accidents or circumstances, encountering hazardous materials,
damage caused by a utility company, acts of God or nature, acts of the common enemy, fire, war, riot civil commotion or
sovereign conduct, material shortages or unusual material delivery delays, abnormal adverse weather conditions not
reasonably anticipated, labor disputes, acts of terrorism, government action, and/or acts or omissions by You or a person or
entity not a party to this Express Limited Warranty. Such delay shall operate to extend the time period for performance, but
shall not act to extend the term(s) of warranty coverage(s).
(18) If an element or component of a Home is not described particularly in this booklet, the element or component shall be
constructed in accordance with any written agreement. If there is no agreement, the element or component shall be
constructed in accordance with the usual and customary residential construction practices, or practices for similar
Improvements in the geographic region shall govern and the element or component shall perform for the purpose for which it
is intended for the period of the applicable warranty. All construction shall comply with applicable Codes.
(19) When an inconsistency exists between the Code, m , and specifications, the standard required by the
United States Department of Housing and Urban Development for Federal Housing Administration or Veterans Administration
programs, and/or ANSI/ASHRAE Standard (62.2-2003), the most restrictive requirement shall apply.
(20) Violations of local or national building codes, residential codes, standards or ordinances, or federal regulations are not the
responsibility of the Insurer. The obligation of the Insurer under this limited warranty is solely to resolve Warranted Defects
and/or Deficiencies.
(21) This warranty shall be interpreted and enforced in accordance with the laws of the state in which the Home is located. Please
note that individual state laws may provide additional limitations, Exclusions, and/or coverage.
(22) This Express Limited Warranty is subject to change as required by various regulating bodies.
(23) All Manufactured Products shall be installed by the Builder in accordance with the manufacturer's instructions and
specifications. The Builder shall use only new Manufactured Products and parts unless otherwise agreed in writing by the
parties. If the Builder does not install a Manufactured Product in accordance with the manufacturer's specifications or use
newly-manufactured parts as required, the Builder shall take such action as is necessary to bring the variance within the
standard. The Builder Manufactured
Products that are covered by a manufacture
manufacturer's warranty are the obligation of the manufacturer. The Builder does not assume any of the obligations of the
manufacturer resulting from a manufacturer's warranty.
(24) This Express Limited Warranty is fully transferable along with Your rights and obligations to subsequent owners during the
Warranty Term. There is no limit to the number of transfers during the Warranty Term or any cost as a result of such
transfer(s).
(25) All notices required under this Express Limited Warranty must be in writing, sent certified mail, return receipt requested.

SECTION 2: LIMIT OF LIABILITY

(1) Subject to the provisions of this warranty, the total aggregate limit of financial liability
under this warranty shall not exceed the original sales price of the Home, as shown on the Home Enrollment Application
(HEA). The obligations under this warranty are limited to its obligations that are explained
in this warranty booklet.
(2) The aggregate obligation of the Builder or Insurer (as applicable) for all claims under this warranty is equal to the sales price
of the Home listed on the Home Enrollment Application (HEA). This means that every time Your Builder or the Insurer (as
applicable) pays for costs of determining the existence and/or extent of a covered Defect and/or Deficiency, pays for a repair,
or pays a claim, those aggregate payments are deducted from the sales price of the Home listed on the HEA (the warranty
limit). Once that total equals the sales price of the Home on the Home Enrollment Application (HEA), there is no further
warranty coverage. If the payment is made for the repair of a Common Element of a Condominium, the payment shall be
deducted pro-rata from the sales price listed on the Home Enrollment Application (HEA) for each unit in the building.
(3) If at any time during the Warranty Term, the limit of liability has been reached, regardless of whether costs were incurred
singularly or aggregately, the entire warranty is automatically and permanently terminated. Any rights You may have under
this warranty are then automatically terminated.
(4) The Insurer may, where appropriate, make payment for any claim for $10,000 or more jointly to You and Your Mortgagee as
Your interests may appear. The Mortgagee is bound by the claim resolution reached with You.

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